General Terms and Conditions for Costumers
The company Apartmentservice, Proprietress: Anett Gregorius-Beckert, Berliner Allee 36, 13088 Berlin, Germany (hereinafter referred to as "Apartmentservice") procures overnight accommodation in apartments and hotels anywhere in the world completed by related services.
These General Terms and Conditions cover all agency services provided by Apartmentservice as agent and to you as customer in the context of reservation enquiries about and/or the bookings of overnight accommodations via the internet portal www.apartmentservice.de or by telephone through the reservation service.
1. Contract on the procurement of an accommodation contract
- With his reservation or booking enquiry the customer submits an offer to Apartmentservice to conclude an agency contract free of charge for him (hereinafter referred to as "agency contract"). Apartmentservice may accept this by post, e-mail, fax or telephone. As a rule, the acceptance is conclusive, by further processing of the inquiry for the customer.
- The customer mandates Apartmentservice through the reservation or booking request to arrange with operators of apartment accommodation (hereinafter referred to as "operators") a tenancy and/or accommodation contract (hereinafter referred to as "accommodation contract"). The customer's reservation or booking enquiry is an offer by the costumer to conclude an accommodation contract that is passed on to the operator by Apartmentservice in accordance with the enquiry.
- The accommodation contract is set between the customer and the operator. The terms and conditions of the operator apply. Apartmentservice does not act as the customer’s or as the operator’s representative. The offer may be accepted solely by the operator. Such acceptance and, consequently, the conclusion of a binding accommodation contract takes effect through the transmission of the operator’s booking confirmation passed on by Apartmentservice to the customer.
2. Contractual obligations of Apartmentservice
Apartmentservice's performance obligations under these General Terms and Conditions consist of the procurement of contracts with operators in response to customers' booking inquiries and in the processing of the booking. Apartmentservice does not provide accommodation services.
- Any information (e. g. conditions governing entry into the country) provided to the customer beyond the data available through the media of Apartmentservice (in particular the internet portal), is only binding if a separate written contract for the provision of information is concluded between Apartmentservice and the customer.
3. Processing of reservations and bookings
- When inquiring about a booking the customer is required to provide Apartmentservice with personal data of the costumer and his/her employees/persons staying overnight such as name, postal address, e-mail address and, where appropriate, credit card information are collected by the operator if necessary for processing the reservation. The customer gives his consent to the collection and passing on of the data to Apartmentservice and to the operator for the purpose of booking processing. This also includes the data of the employees/persons staying overnight.
- If the customer’s particulars contained in the agency contract cannot be performed anymore, e. g. in case of unavailability, Apartmentservice shall notify the customer, awaiting its corrections to the agency mandate.
- The customer is obliged to promptly check the accuracy of the transmitted reservation data and shall inform Apartmentservice of any deviations in writing or in text form (e. g. e-mail). If the customer violates this obligation, he cannot claim any resulting disadvantages against Apartmentservice.
- Apartmentservice is only commited to pass on such declerations of the customer to the operator if they are required for the initiations of the accommondation contract.
4. Bookings, payments, changes, cancellations
- Bookings, payments and cancellations shall be governed by the terms and conditions of the operator. Apartmentservice does not act as the customer’s or the provider’s representative.
- The customer is expected to address requests for changes or cancellation to both the operator and Apartmentservice, to facilitate optimised processing under the agency contract. Nevertheless, attention is expressly drawn to the fact that changes and cancellations can only be made with the operator.
- It should be noted that according to the operator's booking conditions, the customer will be obliged to pay the agreed price (in full or in part) after the reservation has been made, unless the reservation has been cancelled in due time. The detailed cancellation conditions of the operator as well as his other terms and conditions can be viewed on the homepage of Apartmentservice.
- When the customer asserts claims against the operator or vice versa, Apartmentservice's obligation is confined to the surrender of such information and data as Apartmentservice has received in the context of the reservation from the operator or the customer for the purpose of initiating the booking contract.
5. Notes on data processing
- In the course of managing agreements and implementing the procurements, Apartmentservice collects personal data of customers. In doing so, Apartmentservice shall comply with the statutory provisions pursuant to, in particular, EU General Data Protection Regulation, the German Federal Data Protection Act (Bundesdatenschutzgesetz) and the German Act for Telemedia Services (Telemediengesetz). Without the consent of the customer, Apartmentservice shall only collect, process and utilise the customer’s basic and use information insofar as this is required for administering and processing the contractual relationship and for the use of and invoicing for teleservices as well as for providing services to optimise personal availability.
- Without the customer’s consent Apartmentservice will not exploit the customer’s information for the purposes of advertising, market research or opinion polls.
- Furthermore, with regard to the customer's consent and additional information for data collection, processing and utilisation, reference is made to the printable version of the data protection statement that can be called up at any time on Apartmentservice’s website by clicking on the data privacy statement link.
- In addition, the customer is advised of the entitlement to disclosure, correction and deletion or disabling of personal data in accordance to the provisions of the data protection laws.
6. Availability, references and links of the internet portal
- Apartmentservice does not warrant or represent that the information provided, is up-to-date, correct, complete or of quality.
- Apartmentservice strives to ensure that the internet portal functions properly at all times. However, Apartmentservice does not guarantee uninterrupted access and shall not be liable for transmission downtimes due to technical reasons, unless they are based on intent or serious negligence or damage to body or health.
- To the extent that the customer is, directly or indirectly, referred to links that are outside of Apartmentservice's scope of responsibility, i. e. connections to third-party internet sites, Apartmentservice shall only be liable if aware of the contents and it would have been technically possible and reasonable for Apartmentservice to prevent the use thereof in case of illegal content. For contents that exceed the aforementioned scope and in particular for loss or damage arising from the use or non-use of such information presented therein, the providers of those web pages alone shall be liable and not the provider who merely refers to the respective publications via links. Neither does Apartmentservice adopt the contents of third-party websites as his own.
- The customers may have the opportunity to comment on and evaluate the contents and apartments of the operator. In this context the operator is entitled to refer Apartmentservice forthwith to the contents of customers that clearly violate the provisions of these Terms and Conditions and/or statutory requirements. Apartmentservice reserves the right to delete evaluations if third parties (in particular operators or other customers) complain about them in a justified manner and the customer does not react to the complaint when asked by Apartmentservice or if the evaluation obviously violates the rights of others.
7. Liability, statute of limitations, liability for damages
- The information on the operators, which Apartmentservice makes available in particular under www.apartmentservice.de as well as in advertisements and catalogues, are information originating from the operators, which Apartmentservice only passes on if they are plausible and not obviously incorrect. Apartmentservice does not guarantee that the information is correct. Apartmentservice is not obliged to make enquiries if the customer does not place a separate order for this, which Apartmentservice expressly accepts.
- Apartmentservice is not liable as an agent for the proper performance of the mediated service itself, this also applies to service changes of the operator after the conclusion of the accommodation contract, for which Apartmentservice assumes no liability.
- Apartmentservice is liable for damages resulting from injury to life, body or health, insofar as they are based on an intentional or negligent breach of duty by Apartmentservice, its legal representatives or its vicarious agents.
The following applies to other types of damage: Apartmentservice is only liable if they are based on an intentional or grossly negligent breach of duty by Apartmentservice, its legal representatives or vicarious agents or if it is a breach of a material contractual obligation (in particular the mediation service) of Apartmentservice by one of the named persons; the compensation is otherwise limited to three times the value of the mediated service.
- Caims of the customer against Apartmentservice on account of any failure to properly perform the agency contract shall be asserted within one month after the end of the accommodation service provided, not, however, prior to the point in time when the customer obtains knowledge of the circumstances giving rise to the pertinent claims against Apartmentservice. On expiry of this preclusive period, the customer may assert claims against Apartmentservice only if he was prevented from meeting such deadline without fault. For the claim a simple advertisement in text form to Apartmentservice is sufficient. General regulations of the statute of limitations remain unaffected.
8. Final provisions
- Agreements between Apartmentservice and the customer shall be written and construed in accordance with the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply. The German jurisdiction applies exclusively.
- If the customer is a businessman, a legal entity under public law or a separate assets institution subject to public law, Apartmentservice’s place of business (Berlin/Germany) shall be venue for all disputes arising from the contractual relationship between the customer and Apartmentservice.
- Should individual points of this agreement be legally invalid, the remaining portions hereof shall be unaffected and remain binding.